JUDGMENT OF THE COURT
The Court, in this appeal, has been asked to make a determination whether the High Court was in error in upholding the finding of the Independent Electoral and Boundaries Commission (IEBC) Nomination Dispute Resolution Committee’s decision declaring the 3rd respondent, Irene Chemutai Chesang instead of the appellant, Jane Cheperenger Ingo as the valid nominee for the United Republican Party (URP), the 2nd respondent, for the Bungoma County Assembly.
It was in evidence, before both the Committee and the High Court that on 13th January 2013 the officials of URP Bungoma County met and resolved to nominate the appellant as their representative to the County Assembly in terms of Article 177 (1) (b) of the Constitution. The appellant made a formal application for the seat, paid Kshs. 10,000/= nomination fees and was thereafter issued with an “Acknowledgment Certificate” to signify that she had complied with the requirement for nomination for the position of member of Cou…